The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-05-01
CLEYELAND's JUSTICE.
he Defends the Poor Man Against "A
GiHut Corpora Ion.
The following letter has been given
a.
EXECUTIVE MANSION,
WASHINGTON April Is, 1887.

EAECUTIYK MANSION, I
WAsHINGTOR April Is, 1887.
DEAR SIR have examined with
much care and interest the questions
involved in the conflicting claims Of
'Guilford Miller and the Northern
Pacific Railroad Company to certain
public land in Washington Territory.
The legal aspects of the case have
been examined and passed upon by
several officers of the government,
who do not agree in their conclu-
sions.
Miller claims to be a settler upon
the land in question, whose posses
sion dates from 1878. He alleges that
he has made substantial improve
ments upon this land and cultivated
the same, and it appears that he fled
his claim to the same under the
homestead law on the 10Th day of
December, 1884.
The railroad company contends
that this land is within the territory
or area from which it was entitled to
select such quantity of public land
as might be necessary to supply any
deficiency that should be found to
exist in the specific land mentioned
in grant by the government to said
company in aid OF the construction
of its road-such deficiency being
contemplated as likely to arise from
the paramount right of private
parties and settlers within the terri
tory embracing said granted lands
and that the land in dispute was
thus selected by the company on the
10Th day of December, 1888.
A large tract, including this land,
was Withdrawn by an order of the In
terror Department from sale and from
presumption and homestead entry in
1872, in anticipation of the construc-
ton Of said railroad and deficiency
IN its granted lands. In 1880, upon
the filing of map of definite loca
ton of the road, the land in contro-
yersy, and much more which had
been so withdrawn, was found to
lie outside of the limits which in
. cluded the granted land, but its with
drawal and reservation from settle
ment and entry under our land laws
was continued upon the theory that
1t was within the limits of indemnity
lands which might be selected by the
company, as provided in the law max
ing the grant.
The legal points in this contro-
versy turned upon the validity and
effect of the Withdrawal and reserva-
tion Of this land aud the continuance
thereof The Attorney General is
of the opinion that such withdrawal
and reservation were at all times eff
fectual and that they operated to
prevent Miller from acquiring any
interest in or right to the land
claimed by him.
With this Interpretation of the
law and the. former orders and ac-
ton OF the Interior Department, it
will lie seen that their effect has
been the withdrawal and reservation
since 1872 of thousands, if not mil
lions, OF acres of these lands from
the operation of the land laws of the
United States, thus placing them be-
yond the reach Of our citizens desir-
ing under such laws to settle and
make homes upon the same, and that
this has been done for the benefit of
a railroad company having no fixed,
certain or definite interests in such
lands. In this manner the benefi-
cent policy and intention of the gov
eminent in relation to the public
domain have for all these years to
that extent been thwarted.
There seems to be no evidence
presented showing how much, if any,
of this vast tract is necessary for the |
fulfillment of the grant to the rail |
road company, nor does there appear
to be any limitation of the time
within which this fact should be |
made known and the corporation |
obliged to make its selection. After
a lapse of seventeen years this large
body Of the public domain is still |
held in reserve to the exclusion of |
settlers, for the convenience of a
corporate beneficiary of the govern
ohN @HaitiuS 40 bClSOJlOu,
though it is entirely certain that
much Of this reserved land can
never be honestly claimed by said
Such condition of the public
lands should no longer continue. So
far as it is the result of executive
rules and methods these should be
abandoned, and so far as it is con-
sequence of improvident laws these
should be repealed or amended.
Our public domain is our national
wealth, the earnest of our growth,
and the heritage of our people. 1t
should promise limitless develop
nent. and riches, relief to a crowding
population and homes TO thrift and
industry.
These inestimable advantages
should be jealousy guarded, and a
careful and enlightened policy on